FAQ: What you need to know about New Mexico’s Public Health Emergency Order

Coronavirus Resources

The State introduces new definitions to the Public Health Order

As of July 1, all pandemic-related occupancy restrictions on all forms of commercial activity will be lifted. All businesses across the state may once again operate at 100% of maximum capacity.

In accordance with the latest official guidance from the CDC issued July 27, the State recommends that fully vaccinated New Mexicans wear a face-covering in indoor settings. New Mexico’s Public Health Executive Order has been extended to August 16, 2021

The purpose of the amended Public Health Emergency Order is to further restrict business operations and public gatherings to mitigate the spread of the coronavirus in New Mexico. The initial public health emergency order was announced on March 11, 2020.


Public Health Excutive Order Extended to August 16, 2021


(1) Unless a healthcare provider instructs otherwise, all individuals shall wear a mask or multi-layer cloth face covering in public settings except when: eating or drinking; exercising outdoors alone or with members of the same household; attending a small, outdoor gathering of fully vaccinated individuals. Notwithstanding the foregoing, fully vaccinated individuals are not required to wear a mask unless otherwise recommended by the latest official guidance from the Centers for Disease Control ai1d Prevention (“CDC”). Further, fully vaccinated individuals shall not be required to socially distance from other individuals unless otherwise recommended by the latest official guidance from the CDC, in which case they must follow that guidance. Businesses, establishments, houses of worship, and other non-profit entities shall also follow the latest official guidance from the CDC regarding mask-wearing and social distancing, provided that nothing in this Order shall be construed as prohibiting any entity from imposing more stringent requirements.

(2) Any business, establishment, or non-profit (other than those which are a healthcare operation, utility, or indigent care services) which members of the public regularly visit must report to the Department of Health when there is an occurrence of four (4) or more rapid responses within a fourteen (14) day period. For purposes of this directive, rapid responses will be counted on a rolling basis. Businesses, establishments, or non-profits with four or more rapid responses shall not be required to cease operations. However, the rapid responses must be reported to the Department of Health so that the public may be made aware of the positive cases.

(3) All businesses, establishments, and non-profit entities must adhere to the pertinent COVID-Safe Practices.

(4) Private educational institutions serving children and young adults from pre- Kindergarten through 12th Grade, including homeschools serving children who are not household members, shall adhere to the face covering and other COVID-Safe Practices requirements for in ­person instruction contained in the New Mexico’s Public Education Department’s “Reentry Guidance” and “COVID-19 Response Toolkit for New Mexico’s Public Schools,” available at https://webnew.ped.state.nm.us/reentry-district-and-school-guidance/, and may operate up to maximum capacity. Private educational institutions shall follow the reporting, testing, and closure requirements set forth by the Public Education Department in the Reentry Guidance and COVID- 19 Response Toolkit for New Mexico’s Public Elementary Schools.


The New Mexico Department of Health, the New Mexico Department of Public Safety, the New Mexico Department of Homeland Security and Emergency Management, and all other State departments and agencies are authorized to take all appropriate steps to ensure compliance with this Order.


Any and all State of1icials authorized by the Department of Health may enforce this Order by issuing a citation of violation, which may result in civil administrative penalties ofup to $5,000 for each violation under NMSA 1978, Section 12-I0A-19.

Copyright 2021 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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